may be a matter of some question how far this last mentioned statute and the Stat. 23 HI. 8. c. 1. are revived by the repealing sections above mentioned, and whether so much of the Stat. 1 Ed. 6. c. 12. as is therein recited, is not thereby made of force.

Page 81.

Note. This Stat. 4 and 5 W. & M. c. 24. § 13. was made perpetual by 6 and 7 W. 3. c. 14. § 1. See Ruffh. Statutes at large, Vol. 3. p. 533. 583; but the latter Stat. seems never to have been made of force here. Quere, therefore, whether the former be of force?

The Stat. 5 & 6 Ann. c. 6. § 4. enacts, that "Forasmuch as when any person is "convicted of any felony within the benefit of clergy, upon his prayer to have the "benefit thereof allowed to him, it hath been used to administer a book to him "to try whether he can read as a clerk, which by experience is found to be of no "use; therefore, if any person be convicted of any such felony, for which he ought "to have had the benefit of his clergy, if this act had not been made, and shall pray "to have the benefit of this act, he shall not be required to read, but without any "reading shall be allowed, taken and reputed to be, and punished as a clerk con"vict, which shall be as effectual to all intents and purposes, and be as advantageous to him as if he had read as a clerk; any thing to the contrary, &c." This Statute is not made of force by A. A. 1712. The eleventh section of that act [P. L 100] provides, that all statute laws of Great-Britain, made since the 8th year of Queen Anne's reign (which was about the year 1709) shall be deemed of force, &c. but the statute in question was passed in 1706; and it does not appear to be made of force by reference or implication.

66

TITLE 23. Bills of Exchange and Promissory Notes.

Page 86. § 6.

Note. This proviso makes of force so much of the Statute 9 and 10 W. 3. c. 17. as relates to the appointment of persons for protesting inland bills for non-payment, which Stat. is omitted in the collection of Public Laws by Judge Grimké. See 3 Ruffh. Stat. at large, 697, 698.

These are the words of the Statute:

"Whereas great damages, and other inconveniencies do frequently happen in the "course of trade and commerce, by reason of delays of payment and other neglects "on inland bills of exchange in this kingdom: Be it therefore enacted, That from "and after the 24th day of June next, which will be in the year 1698, all and every "bill or bills of exchange, drawn in, or dated at and from any trading city or "town, or any other place in the kingdom of England, dominion of Wales, or town "of Berwick upon Tweed, of the sum of five pounds sterling, or upwards, upon any person or persons of or in London, or any other trading city or town, or any "other place (in which said bill or bills of exchange shall be acknowledged and expressed the said value to be received) and is and shall be drawn payable at a "certain number of days, weeks, or months after date thereof, that from and after presentation and acceptance of the said bill or bills of exchange (which acceptance shall be by underwriting the same under the party's hand so accepting) and "after the expiration of three days after the said bill or bills shall become due, the party to whom the said bill or bills are made payable, his servant, agent, or assigns, may and shall cause the said bill or bills to be protested by a notary public, and in default of such notary public, by any other substantial person of "the city, town, or place, in the presence of two or more credible witnessess, refusal, or neglect, being first made of due payment of the same; which protest shall "be made and written under a fair written copy of the said bill of exchange, in the "words or form following:

66

at the usual place have demanded payment of the bill, did not

"of which the above is the copy, which the said pay, wherefore I the said

"Dated this

day of

do hereby protest the said bill.

By some unaccountable accident, the act of assembly of 1796, [P. L. 407, 408] entitled "An act to secure the credit of bills of exchange," has been omitted under this title.

The act is expressed in these words:

"Whereas it is necessary for the advancement of commerce, to secure the credit "of bills of exchange:

"1 Be it therefore enacted, That where any bill of exchange is or shall be drawn "for the payment of any sum of money, for value received, and such bill shall be "protested for non-acceptance, or non-payment, the same shall carry interest from "the time such bill shall become due and payable, after the rate of seven per cent. per annum, until the money therein drawn for, together with damages and costs "be fully satisfied and paid.

"2. It shall and may be lawful for any person or persons, having a right to de"mand any sum of money upon a protested bill of exchange, to commence and 66 prosecute an action for principal, damages and interest, against the drawers or "indorsers jointly, or against either of them separately, and judgment shall be giv66 en for such principal, damages, and interest as aforesaid. And all creditors on "protested bills of exchange, where the drawers or indorsers shall be dead, shall "be upon an equality with bond creditors, any law, usuage or custom to the contrary notwithstanding.

"3. All bills of exchange drawn upon persons resident within the United States, "and out of this state, which shall be returned protested, the damages of such "protested bills shall be ten per cent. on the sum drawn for. And all bills in like "manner drawn upon persons resident in any other part of North America, or " within any of the West India islands, and protested, the damages shall be twelve "and an half per cent. And all bills drawn on persons resident in any other part "of the world, being protested, the damages shall be fifteen per cent. on the sum " mentioned in such bills respectively, and all charges incidental thereto, with "lawful interest as aforesaid until the same be paid.

"4. That in any action which hath or shall be commenced for the recovery of any bill of exchange, or any debt due and made payable in any other country, "wherein the plaintiff shall recover, the jury shall have power to find a verdict "with such difference of exchange as shall be just, and agreeable to the true dif "ference of exchange; any law, usage or custom to the contrary notwithstanding."

TITLE 47. Conspiracy.

Page 150.

Note. The Stat. 18 H. 6. c. 12. perpetuates the 9 H. 5. Stat. 1. c. 1. which last is therefore to be considered as made of force.

See Ruffh. Statutes at large, 512. 592.

TITLE 48. Constable.
Page 153.

Note. Tho 21st section or clause of the Negro act of 1740, which forms the 9th section of this title, has not been correctly published in Judge Grimké's collection of the Public Laws, from which it was copied into this Digest. After the words "for the charge and trouble of which the said constable or constables, respectively, "shall be paid," ought immediately to follow these words, "by the public treasurer of this province, upon a certificate produced under the hand of the said jus"tice or justices, before whom such negroes or slaves shall be tried;" which words are omitted, and they are also omitted in the manuscript copy of the act, in Judge Rutledge's Collection.

st

See the original act, in the office of the Secretary of State. Pub. Laws, 163. Rutl. MSS. Vol. 1. p. 325.

TITLE 55. Costs

Page 190.

Note. The Statute of Gloucester, 6 Ed. 1. c. 1. may be seen in Ruffhead's Sta tutes at large, Vol. 1. p. 65. See Co. Litt. 10. 116. 2 Inst. 283.

TITLE 57. Courts of Piepowder.

Page 196. ▾

Note. Markets and fairs, have been established in sundry towns and villages in this state, by various acts of assembly. See the titles of the acts of assembly pres fixed to Judge Grimké's collection of Public Laws.

TITLE 58. Courts of Equity.

Page 214.

Note. Part of the A. A. 1811, relating to the court of appeals, has been acciden tally misplaced, and inserted under the Title "Constitutional Court of Appeals?” Vide ante, p. 158, 159. Tit. 49. § 9, 10.

TITLE 69. Elections Electors.

Page 287. 290.

Note. The act of Congress of 1789, c. 25. which prescribes the mode of taking evidence in cases of contested elections for members of the house of representatives of the United States, &c. was limited to the end of the first session of the Sixth Congress. It was afterwards continued of force for four years by the act of Cons gress of 1800, c. 28 and has not since been continued or revived. It has, therefore, expired.

TITLE 76. Executors and Administrators.

Page 329.

Note. The act alluded to in section 10. is the 22 & 23 Ch. 2. c. 10.

See Ruffh. Statutes at large, Vol. 3. p. 411. 357, 358. [See Title 123, Ordinary; and Title 101, Intestates' Estates.]

END OF VOL. 1.